Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1887-05-15
VERDICT REACHED.
Clark Found Guilty Of Murder in the Second
Degree.
The JURY OUT ABOUT FIVE HOURS,
A Notion Made for a New Trial Of the
Case.
PUBLIC SENTIMENTOk THE VERDICT.

The case OF the state V. Elmer ClaIk, III
dicted for the murder of William O'Neal,
on the second of March last, is over, the
Jury having returned a verdict of murder
in the second degree. II now remains for
the Court 10 dispose of the motion for q
new trial, or if that be not pressed, and 1t
may not be, to pass sentence upon the con-
yieted man. Taking public sentiment all
through, the verdict is abOut what was eX-
pected. People cOnyersant with the facts
in the case, either from q hearing of the
testimony or otherwise, differed very wide
IN as to the nature of the verdict they felt
would be right and proper, the opinions
ranging all the way from acquittal tomur-
der in the first degree, with the death PEN
atty for punishment. Probably the largest
number, however, thought ~manslaughter
or murder in the second degree would be
the most probable verdict.
When court opened at nire o'clock yes
terday morning Capt. B. b. DOyener, Of
counsel for the State, began his address to
the jury, and spoke for about two hours.
Capt. DOyener held that the killing OF
O'Neal was o cOld-blOCded and deliberate
murder, and backed up his view OF the
crime with some tOrcible arguments. A
large audience was present TO listen TO this
the closing speech. About III O'Clock,
Capt. DOyener having concluded, the Court
delivered the charge to the jury, and about
LEO the latter retired to deliberate upon
q verdict. At II o'clock, there being no
signs Of an agreement, Court took q recess
until 100 O'Clock. At that hour the jury
resumed consideration of the evidence laid
before them, while the spectators, who had
fairly Swarmed into the court room, set
tied themselves into comfortable attitudes
and either went to sleep or amused them
selves aS best they could.
Clark sat ut his accustomed place ut the
little table occupied by his counsel on the
right side of the court room, and most Of
the time his wife sat close by his side.
During q large portion of the afternoon the
two sat quietly, each seeming buried in
thought. At intervals, Mrs. Clark would
speak to her husband, who would anSwer
in m~Onasylables. AS the day wore away,
it began to be the general belief that the
Jury would not agree, but between that
and four o'clock they sent into the court
room for ON instructions regarding 4 YER
diet, and from that time on interest in
creased About half past i've q violent
pounding upon the jury room door indi-
Gated that an agreement had been
..,.I.l ,pl IN - p,nr1nnt thn InrN
filed into the court room. The usual
fOrmalitieS were gone through with, and Il
verdict of murder in the second degree was
announced. The counsel for the defense
asked to have the jury pOlled, and each
man responded in the affirmative. The
Court then thanked the jury and dis
charged them. The defense made Il mo-
ton for q new trial, and in u few moments
Court was adjourned and the prisoner
taken back to Jail.
The verdict of the jury seemed to make
no impression upon the audience. The
prisoner had evidently expected something
worse, aud was visibly excited when the
Jury came in. When the verdict was am
nOunce6, the reaction caused him to APP
pear weak, and on passing out OF the Court
room he clung tightly to the SheriGFs arm,
rs though needing support.
The punishment for murder in the sec
oud degree is Imprisonment in the peui-
Tertiary for from five to eighteen years, ut
the discretion OF the Court.
1t was understood last evening that at
first the jury stood eight for murder in the
first degree and four for 4 lighter verdict.
Several hours were spent in trying to
bring the minority over, and then the YER
diet of murder in the second degree was
fixed upon.